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Publications

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July 14, 2026

IRS Clarifies Application of the Non-Profit $1 Million Tax Post-OBBBA

Employee Benefits and Executive Compensation Alert
July 1, 2026

Retention of Bankruptcy Professionals: Court Concludes that a Debtor’s First Cousin Is Not a “Relative” and Thus Not an “Insider”

The Bankruptcy Strategist
June 5, 2026

Don't Cry for the Voting Rights Act. We Can Fix It by Ending Partisan Gerrymandering

The National Law Journal
May 7, 2026

New Executive Order Regarding IRA Enhancements

Employee Benefits and Executive Compensation Alert
May 6, 2026

Insider Trading Safeguards Can Mitigate Sports Betting Risk

Law360
May 4, 2026

Employment Law Compliance for Start-Ups

Founder Focus Alert
April 30, 2026

Arbitration and Bankruptcy: Can a Debtor that is Party to an Arbitration Agreement Lack Authority to Arbitrate Core Bankruptcy Claims?

The Bankruptcy Strategist
April 22, 2026

Department of Labor Proposes New Safe Harbor for Fiduciary Investment Selection in Participant-Directed Retirement Plans

Employee Benefits and Executive Compensation Alert
April 22, 2026

Fresenius Ruling May Shift Anti-Kickback Enforcement

Law360
April 10, 2026

Ninth Circuit Finds First Amendment Right to Donate to Patient Assistance Charities, With Possible Impact on Enforcement of Federal Anti-Kickback Statute

Litigation Alert
March 30, 2026

The Administration Is Illegally Firing Court-Appointed US Attorneys

The National Law Journal
March 26, 2026

Executive Order Addressing Anticompetitive Behavior In The Food Supply Chain Provides Insight On The Trump Administration’s Antitrust Enforcement Priorities

Competition Policy International
March 25, 2026

New York Legal Malpractice Cases Need Clear Causation Standards

Bloomberg Law
March 24, 2026

How to (Bench) Press an Opening Argument

American Bar Association's Antitrust Magazine
March 24, 2026

I Beg Your Pardon

Pretend Podcast
March 18, 2026

New York State – Mandatory Auto-IRA Program

Employee Benefits and Executive Compensation Alert
March 17, 2026

New York Proposal to Tax QSBS Gains

Founder Focus Alert
March 16, 2026

High Court's Hain Ruling Undermines Diversity Jurisdiction

Law360
March 12, 2026

What Does it Take for a Rogue Prosecutor to be Disbarred?

New York Law Journal
March 9, 2026

SEC Grants Targeted Exemption from Section 16(a) to Directors and Officers of Certain Foreign Private Issuers

Cross-Border Capital Markets Alert
March 9, 2026

U.S. Department of Labor Issues a New Proposed Rule on the Method for Classifying Workers as “Independent Contractors” Under the Fair Labor Standards Act

Employment Law Alert
March 5, 2026

IRS Issues Updated 402(f) Safe Harbor Rollover Notices Reflecting SECURE 2.0

Employee Benefits and Executive Compensation Alert
February 19, 2026

Trivia Competition Makes Me a Better Lawyer

Law360
February 18, 2026

The Fourth Circuit Rejects Facial Challenges to Executive Orders Addressing DEI Initiatives and Programs

Employment Law Alert
February 5, 2026

SEC Staff Relaxes 20 Business Day "Broker Search" Requirement for Proxy Solicitations

Cross-Border Capital Markets Alert
February 3, 2026

Website Accessibility Litigation Surges in New York as Defendants Refine Early-Stage Strategies

New York Law Journal
January 26, 2026

Bridging Section409A And Gift Tax Valuations

Wealth Management
January 8, 2026

Directors and Officers of Foreign Private Issuers Now Subject to Section 16(a) Reporting Requirements

Cross-Border Capital Markets Alert
January 7, 2026

Avoiding Trade-Secret Allegations During a Founder Transition

Founder Focus Alert
January 6, 2026

The Uncertain Fate of Algorithmic Pricing: RealPage’s Legal Battles Continue With Antitrust Settlements And A Preliminary Injunction

January 1, 2026

Judge Blasts Defendant for Ignoring Discovery Obligations and More

The Bankruptcy Strategist
December 17, 2025

There Are Limits to Congress’s Investigatory Powers

Business Crimes Bulletin
December 12, 2025

Preview of Expected Guidance for Employers on “Trump Accounts” and Upcoming Regulations Announced

Employee Benefits and Executive Compensation Alert
November 11, 2025

New York City Expands Safe and Sick Leave Law and Narrows Temporary Schedule Change Obligations

Employment Law Alert
October 31, 2025

Federal Circuit Holds That Patentee’s Disavowal of Claim Construction Warrants Reversal of Summary Judgment

The Intellectual Property Strategist
October 31, 2025

Founder Focus on Valuing Private Shares

Founder Focus Alert
October 2, 2025

Nasdaq Proposes Changes to Initial and Continued Listing Standards

Cross-Border Capital Markets Alert
October 1, 2025

Ninth Circuit Rules that Decision Reimposing the Automatic Stay is Immediately Appealable

The Bankruptcy Strategist
September 29, 2025

Administration Actions Targeting Domestic Terrorism and Their Implications for Nonprofits

Tax-Exempt Organizations Alert
August 31, 2025

Federal Circuit: Board Erred in Finding No Likelihood of Confusion Between KIST and SUNKIST Marks

The Intellectual Property Strategist
August 21, 2025

Pooled Employer Plans: DOL Issues New Interpretive Guidance and Tips for Employers

Employee Benefits and Executive Compensation Alert
August 15, 2025

DOL Begins to Act Under the New Executive Order Aimed to Increase Alternative Investments in Retirement Plans

Employee Benefits and Executive Compensation Alert
August 4, 2025

U.S. Attorney General Issues New Guidance on DEI Programs and Policies

Employment Law Alert
July 24, 2025

The One Big Beautiful Bill: Top Tax Takeaways for Nonprofits

Tax-Exempt Organizations Alert
July 23, 2025

Highlights of the Employee Benefits Provisions in the One Big Beautiful Bill

Employee Benefits and Executive Compensation Alert
July 18, 2025

Strict Liability for Content Providers is Gaining Traction in New York

New York Law Journal
July 7, 2025

Changes to QSBS Rules

Founder Focus Alert
July 2025

Federal Circuit: District Court Did Not Err In Declining to Find Infringement By Moderna’s Activities Involving COVID-19 Vaccine

The Intellectual Property Strategist

Page 1 of 18

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Firm Highlights

Blog Post
Regulation E-Delivery: SEC Proposes to Make Electronic Communication the Default
On July 16, 2026, the Securities and Exchange Commission announced a proposed rule to broaden many financial market participants’ use of electronic communications with investors and others who receive information pursuant to federal securities laws.[1]  Referred to as “Reg E-Delivery,” the new rule aims to help issuers and others who disseminate SEC-required information transition away from delivering paper documents, a communication method the Agency pointed out imposes “unnecessary costs and expenses” while “no longer reflect[ing] the preference of most investors.”[2] Commenting on the proposed rule, Chair Atkins stated: The world has changed dramatically since many of our rules were first adopted. But, all too often, our regulatory framework has remained static. … In an age of artificial intelligence and blockchain technology, a...
Firm News
Firm Amicus Brief Plays Key Role in U.S. Supreme Court Dissent
Patterson Belknap submitted an amicus brief that played a significant role in Justice Sonia Sotomayor's June 29, 2026 dissent in Trump v. Slaughter. The brief was filed on behalf of legal historians Noah A. Rosenblum and Nathaniel Donahue, arguing that the concepts "quasi-legislative" and "quasi-judicial" as used in Humphrey's Executor had long histories in American law and provide workable definitions to guide the Court's review of congressional limitations.  In the dissent, Justice Sotomayor, joined by Justices Elena Kagan and Ketanji Brown-Jackson, cited the brief extensively. Justice Sotomayor relied on the brief to explain that the concepts were well-established well before the Humphrey's decision, and were used by many political figures and by courts developing a “quasi-judicial” category for officers whose duties resembled a judge’s. To read the amicus brief, please...
Blog Post
Supreme Court Reaffirms Disgorgement in Sripetch, But Jury Question Looms
In our January 2026 post, Supreme Court to Clarify the SEC’s Disgorgement Powers, we previewed the Supreme Court’s decision to take up Sripetch v. Securities & Exchange Commission,[1] a case in which defendants sought to pare back the SEC’s authority to seek disgorgement. The case resolves a circuit split that arose in the wake of Liu v. SEC.[2]  In Liu, the Court sought to clarify the SEC’s ability to impose the penalty of disgorgement, ruling that disgorgement was available as equitable relief, but to avoid transforming an equitable remedy into a punitive one, “the remedy [is restricted] to an individual wrongdoer’s net profits to be awarded for victims.” In response to Liu’s requirement that disgorgement be “awarded for victims,” the Second Circuit...
Firm News
Firm Tops The American Lawyer's 2026 Pro Bono Scorecard with Number 1 Ranking
Patterson Belknap has been recognized with a number 1 ranking in The American Lawyer's 2026 Pro Bono Scorecard. These rankings assess pro bono efforts among Am Law 200 firms and are based on the average number of pro bono hours per lawyer and the percentage of lawyers performing 20 or more pro bono hours in 2025. The Scorecard highlights the firm's “intense focus” on pro bono work, with an average of 185.7 hours per lawyer and 85.1% of firm lawyers doing more than 20 hours of pro bono. The article includes commentary from Pro Bono Chair, Michael F. Buchanan, on the firm’s commitment to both impact litigation and pro bono work that has an impact on people's lives, such as access to health care,...
Event
Amy Vegari to Speak at American Conference Institute's Women Leaders in Life Sciences Law Conference
On Wednesday, July 29, Partner Amy Vegari will speak on a panel at the American Conference Institute's Women Leaders in Life Sciences Law Conference titled "Navigating the New Fraud and Abuse Landscape: Key Trends, Landmark Cases, and Compliance Lessons from the Last Year." Ms. Vegari will join firm alumna Jacqueline Bonneau (Senior Counsel, Commercial Litigation, Johnson & Johnson), Peena Patel (Senior Associate General Counsel, Abbvie), and Lisa Re (Partner, Arnold & Porter) for a discussion examining recent trends in False Claims Act litigation, potential fraud risks for life sciences companies, and the new frontier of enforcement. To learn more, please click here.
Event
Stephanie Bunting Glaser and Jo Backer Laird to Present Children's Art Carnival Webinar
On Wednesday, July 22, Counsel Stephanie Bunting Glaser and Retired Of Counsel Jo Backer Laird will present a webinar for The Children's Art Carnival titled "Contracts and Copyright for Artists." Ms. Glaser and Ms. Laird will share the basics of copyright law and focus on contracts with galleries. They will also cover rights of publicity, including approaches to photography in public places. To learn more, please click here.
Blog Post
Bankruptcy Court Decides Issue of First Impression Concerning Code Section 365(h)
When a debtor that is a landlord rejects a real property lease in bankruptcy, the tenant has a choice. Either the tenant can treat the lease as terminated or retain its rights under the lease. These rights include the use, possession, quiet enjoyment, subletting, and hypothecation of the property. In a recent case, the parties and the court grappled with this question: when does the tenant need to make that decision? When the lease is rejected, or by some other date? Interestingly, neither the court nor the parties found case law on this issue. It was one of first impression. In re All Star Props., LLC, No. 25-41314, 2026 Bankr. LEXIS 1461 (Bankr. N.D. Ga. June 15, 2026). The debtor owns...
Publication
IRS Clarifies Application of the Non-Profit $1 Million Tax Post-OBBBA
The Internal Revenue Service (“IRS”) released Notice 2026-36 (Notice of Intent to Issue Regulations under Section 4960), (the “Notice”) relating to the tax on executive compensation under Internal Revenue Code (“Code”) Section 4960, as modified by the One Big Beautiful Bill Act (the “OBBBA”). The Notice clarifies the IRS’s interpretation of the changes the OBBBA made to Section 4960. Background Prior to the passage of the OBBBA, Section 4960 of the Code imposed a 21% excise tax on remuneration paid to “covered employees,” which included the top five (5) highest compensated employees of a tax exempt organization (with a “once-in-always-in” rule that swept in any individuals who were previously in the “top five” for tax years beginning after December 31, 2016)....
Publication
New Executive Order Regarding IRA Enhancements
Introduction On April 30, 2026, President Trump signed an Executive Order (the “Order”) designed to expand access to retirement savings for the tens of millions of American workers who currently lack employer-sponsored retirement plans, including many small-business employees, part-time workers, independent contractors, and self-employed individuals facing barriers to saving for retirement. The Order is designed to complement the Federal Saver's Match enacted under the SECURE 2.0 Act, which provides eligible workers with a federal matching contribution of up to $1,000 for retirement savings, and to promote high-quality, low-cost individual retirement account (“IRA”) access. Key Provisions and Implications The Order directs the Secretary of the Treasury (the “Secretary”) to establish, by January 1, 2027, an informational website (TrumpIRA.gov) that will serve as a...
Publication
Retention of Bankruptcy Professionals: Court Concludes that a Debtor’s First Cousin Is Not a “Relative” and Thus Not an “Insider”
A professional seeking to represent a debtor under Bankruptcy Code section 327(a) must not hold an interest adverse to the bankruptcy estate and must be disinterested. A debtor’s insiders often cannot satisfy these tests. The Bankruptcy Code defines “insider” to include a “relative” of the debtor. And a “relative” is someone related to the debtor “within the third degree as determined by the common law." What does this latter phrase mean and how is it applied? To continue reading Daniel A. Lowenthal's article in The Bankruptcy Strategist, please click here.
Blog Post
Regulation E-Delivery: SEC Proposes to Make Electronic Communication the Default
On July 16, 2026, the Securities and Exchange Commission announced a proposed rule to broaden many financial market participants’ use of electronic communications with investors and others who receive information pursuant to federal securities laws.[1]  Referred to as “Reg E-Delivery,” the new rule aims to help issuers and others who disseminate SEC-required information transition away from delivering paper documents, a communication method the Agency pointed out imposes “unnecessary costs and expenses” while “no longer reflect[ing] the preference of most investors.”[2] Commenting on the proposed rule, Chair Atkins stated: The world has changed dramatically since many of our rules were first adopted. But, all too often, our regulatory framework has remained static. … In an age of artificial intelligence and blockchain technology, a...
Firm News
Firm Amicus Brief Plays Key Role in U.S. Supreme Court Dissent
Patterson Belknap submitted an amicus brief that played a significant role in Justice Sonia Sotomayor's June 29, 2026 dissent in Trump v. Slaughter. The brief was filed on behalf of legal historians Noah A. Rosenblum and Nathaniel Donahue, arguing that the concepts "quasi-legislative" and "quasi-judicial" as used in Humphrey's Executor had long histories in American law and provide workable definitions to guide the Court's review of congressional limitations.  In the dissent, Justice Sotomayor, joined by Justices Elena Kagan and Ketanji Brown-Jackson, cited the brief extensively. Justice Sotomayor relied on the brief to explain that the concepts were well-established well before the Humphrey's decision, and were used by many political figures and by courts developing a “quasi-judicial” category for officers whose duties resembled a judge’s. To read the amicus brief, please...
Blog Post
Supreme Court Reaffirms Disgorgement in Sripetch, But Jury Question Looms
In our January 2026 post, Supreme Court to Clarify the SEC’s Disgorgement Powers, we previewed the Supreme Court’s decision to take up Sripetch v. Securities & Exchange Commission,[1] a case in which defendants sought to pare back the SEC’s authority to seek disgorgement. The case resolves a circuit split that arose in the wake of Liu v. SEC.[2]  In Liu, the Court sought to clarify the SEC’s ability to impose the penalty of disgorgement, ruling that disgorgement was available as equitable relief, but to avoid transforming an equitable remedy into a punitive one, “the remedy [is restricted] to an individual wrongdoer’s net profits to be awarded for victims.” In response to Liu’s requirement that disgorgement be “awarded for victims,” the Second Circuit...
Firm News
Firm Tops The American Lawyer's 2026 Pro Bono Scorecard with Number 1 Ranking
Patterson Belknap has been recognized with a number 1 ranking in The American Lawyer's 2026 Pro Bono Scorecard. These rankings assess pro bono efforts among Am Law 200 firms and are based on the average number of pro bono hours per lawyer and the percentage of lawyers performing 20 or more pro bono hours in 2025. The Scorecard highlights the firm's “intense focus” on pro bono work, with an average of 185.7 hours per lawyer and 85.1% of firm lawyers doing more than 20 hours of pro bono. The article includes commentary from Pro Bono Chair, Michael F. Buchanan, on the firm’s commitment to both impact litigation and pro bono work that has an impact on people's lives, such as access to health care,...
Event
Amy Vegari to Speak at American Conference Institute's Women Leaders in Life Sciences Law Conference
On Wednesday, July 29, Partner Amy Vegari will speak on a panel at the American Conference Institute's Women Leaders in Life Sciences Law Conference titled "Navigating the New Fraud and Abuse Landscape: Key Trends, Landmark Cases, and Compliance Lessons from the Last Year." Ms. Vegari will join firm alumna Jacqueline Bonneau (Senior Counsel, Commercial Litigation, Johnson & Johnson), Peena Patel (Senior Associate General Counsel, Abbvie), and Lisa Re (Partner, Arnold & Porter) for a discussion examining recent trends in False Claims Act litigation, potential fraud risks for life sciences companies, and the new frontier of enforcement. To learn more, please click here.
Event
Stephanie Bunting Glaser and Jo Backer Laird to Present Children's Art Carnival Webinar
On Wednesday, July 22, Counsel Stephanie Bunting Glaser and Retired Of Counsel Jo Backer Laird will present a webinar for The Children's Art Carnival titled "Contracts and Copyright for Artists." Ms. Glaser and Ms. Laird will share the basics of copyright law and focus on contracts with galleries. They will also cover rights of publicity, including approaches to photography in public places. To learn more, please click here.
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